Judgment No. 4177
Decision
1. The 12 January 2018 decision is set aside.
2. The FAO shall pay the complainant material damages equal to five months’ salary and emoluments.
3. It shall pay her 20,000 euros in moral damages.
4. It shall also pay her 5,000 euros in costs.
5. All other claims are dismissed.
Summary
The complainant challenges the decision to terminate her fixed-term appointment for health reasons.
Judgment keywords
Keywords
complaint allowed; decision quashed; fixed-term; termination of employment; health reasons; termination of employment for health reasons
Consideration 18
Extract:
The Tribunal finds that reinstatement would be impracticable considering the administrative difficulties that would arise from convening a new Medical Board and completing the assessment procedure for the complainant’s fitness to work; the fact that the complainant was on a one-year fixed-term appointment from 2 January 2017; the time that has elapsed since the termination of her appointment and the wellbeing of the complainant who would have to endure the ongoing insecurity of the re-evaluation process for assessing her health situation. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages for the loss of a valuable opportunity to continue her work with the Organization.
Keywords
reinstatement
Consideration 19
Extract:
Requests for moral damages must be properly motivated.
Keywords
moral injury
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